Sec. 7. St. Mary Canal hydroelectric power generation
327 words·~1 min read·
/bill/113/s/434/is/section-7A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Tribe shall have the exclusive right to develop and market hydroelectric power from St. Mary Unit facilities. The Commissioner of Reclamation shall cooperate with the Tribe in the development of any hydroelectric power generation project under this section. Before construction of a hydroelectric power generation project under this section, the Tribe shall enter into an agreement with the Commissioner of Reclamation that includes provisions requiring that— the design, construction, and operation of the project shall be consistent with the Bureau of Reclamation guidelines and methods for hydroelectric power development at Bureau facilities, as appropriate; the hydroelectric power generation project shall be compatible with the operations of the Milk River Project, including agreements— regarding operating criteria and emergency procedures; and under which any modification proposed by the Tribe to a facility owned by the Bureau of Reclamation shall be subject to review and approval by the Secretary, acting through the Commissioner of Reclamation; the Tribe shall receive credit for any cost savings resulting from an activity for rehabilitation of the St.
Mary Canal if the Tribe constructs a hydroelectric facility in conjunction with the rehabilitation activity; and beginning on the date that is 10 years after the date on which the Tribe begins marketing hydroelectric power generated from the St. Mary Unit, the Tribe shall make annual payments for operation, maintenance, and replacement costs attributable to the direct use of any facilities by the Tribe for hydroelectric power generation in amounts determined in accordance with the guidelines and methods of the Bureau of Reclamation for assessing operation, maintenance, and replacement charges.
Any hydroelectric power generated in accordance with this section shall be used or marketed by the Tribe. The Tribe shall collect and retain any revenues from the sale of hydroelectric power generated by a project under this section. The United States shall have no obligation to monitor, administer, or account for— any revenues received by the Tribe under this section; or the expenditure of such revenues.